( 1 ) THIS Civil Revision Petition raises the question as to whether a person, who is in the position of a defendant in the suit, can demand, as of right, examining himself as a witness on commission ; and, if not, whether in the circumstances of the case, it is just and proper that a commission should issue.

( 2 ) THE petitioner-defendant is a limited company carrying on its business at barsi, in Sholapur district. The plaintiff is a registered partnership firm with its headquarters at Kakinada. The action is for damages flowing from the breach of contract and was laid in the Court of the Subordinate Judge, Kakindada. This contract is said to have been entered into, at the first instance, on a telephone-call with the working partner of the managing agents of the defendant s company who seeks now to be examined on commission as a witness in the case. Originally, the suit was posted for evidence on I4th September, 1960, but the petitioner, well in advance of that date, on 31st August, 1960 itself, made an application accompanied by an affidavit requesting the Court that since it was not convenient for the managing agent to be present on that date in Court as a witness,